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SPEAKMAN CO. v. WEINBERGER

No. 86-5652.

837 F.2d 1171 (1988)

SPEAKMAN COMPANY v. Caspar W. WEINBERGER, Secretary of Defense, et al. Appeal of MINNCO, INC.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1988.

Attorney(s) appearing for the Case

John S. Simcox, Annapolis, Md., for appellant.

Daniel J. Donohue, with whom Peter M. Kilcullen, Washington, D.C., was on the brief for appellee, Speakman Co.

Joseph E. diGenova, R. Craig Lawrence, Royce C. Lamberth and Wilma A. Lewis, U.S. Attys., Washington, D.C., entered an appearance for appellees, Caspar W. Weinberger, Secretary of Defense, et al.

Before SILBERMAN and GINSBURG, Circuit Judges, and KOZINSKI, Circuit Judge, United States Court of Appeals for the Ninth Circuit.

Opinion for the Court filed by Circuit Judge KOZINSKI.

KOZINSKI, Circuit Judge:

Federal Acquisition Regulation (FAR) 3.601, 48 C.F.R. § 3.601 (1986), prohibits award of a government contract to a business "owned or substantially owned or controlled by one or more Government employees." We consider whether this provision bars the award of such a contract to a business whose owner has left federal employment between bid opening and award. We also consider...

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